(The Center Square) – History foretold the future of the last legislation vetoed by North Carolina’s governor.
As he did coming in eight years ago, Democratic Gov. Roy Cooper does going out this month, filing a lawsuit jointly with governor-elect Josh Stein on Thursday to block a portion of Senate Bill 382. The litigation, possibly the first of multiple with the legislation, targets the provision related to the commander of the State Highway Patrol.
Disaster Relief-3/Budget/Various Law Changes, also known as Senate Bill 382, is a 132-page bill led by 13 pages on fiscal aid for Hurricane Helene recovery and the remainder on changes to authority of elected positions. The House of Representatives and Senate were successful in veto override of Cooper’s rejection.
In the new law, Section 3E.1.(u) says the commander of the Highway Patrol on Nov. 18 shall continue to serve until July 1 and then begin serving another five-year term without additional nomination by the governor or confirmation by the General Assembly. The only exceptions would be death, resignation, or physical or mental incapacity to serve.
Col. Freddy Johnson has been commander since appointment by Cooper in April 2021. The Fayetteville native would serve until 2030, about 18 months past Stein’s four-year term as governor.
In seeking a prayer for judgment, the plaintiffs made 93 points in the Wake County Superior Court filing and ask for a preliminary injunction of Section 3E.1.(u) and declaration that it is unconstitutional and void.
The Highway Patrol has been a component of the Department of Public Safety. Under terms of the law, it would be removed and function as an independent department.
Plaintiffs say the alignment could lead to the commander rejecting directions of the governor.
Defendants named in their official capacities are Republican House Speaker Tim Moore, Republican Senate President Pro Tempore Phil Berger and Johnson.
Cooper, elected in 2016, faced a General Assembly capable of overriding vetoes in his first two years in office and became known for a “sue until it’s blue” approach. The most notable example was fighting photo identification for voting, a constitutional amendment voters approved decisively but Cooper essentially blocked via litigation for more than half a decade.
